Johannesburg - An official who previously headed up the Johannesburg division of the State Attorney Office has failed in his bid to challenge a multi-million rand claim launched against him by the Special Investigating Unit (SIU) and two Cabinet ministers.
Kgosisephuthabatho Lekabe previously approached the Special Tribunal to have the claim against him dismissed.
The SIU, Police Minister Bheki Cele and his Justice and Correctional Services counterpart Ronald Lamola seek to recover over R32 million from Lekabe.
But the former official argues that the particulars of the claim filed at the tribunal by the SIU and the two ministers does not comply with its rules.
He also questioned their interpretation.
The SIU has filed five claims valued between R300 000 and R27m against Lekabe following an SIU investigation into allegations of maladministration in the affairs of the State Attorney’s office and improper or unlawful conduct by employees and officials.
However, Special Tribunal Judge Thina Siwendu on Monday dismissed Lekabe’s challenge to the claims with costs.
Lekabe is accused of briefing advocate Hassim Ebrahim Kajee to appear on behalf of the police minister in a matter in which Ayanda Irvin Kunene sued for damages after being unlawfully assaulted by members of the SA Police Service (SAPS) in August 2013.
Cele and Lamola are claiming for damages they suffered as a direct result of Lekabe's wrongful and unlawful breach of his statutory duty or duties, leading to collusive and corruptive acts with Kajee.
In 2018, the South Gauteng High Court ordered the police to pay over R34m for the damages suffered by Kunene as a result of his unlawful arrest, detention and assault.
A year later, Cele successfully approached the high court to have the damages award rescinded because the Office of the State Attorney had no authority to conclude the settlement as this could not be done without obtaining authority from their client.
Kajee was criticised by the high court for delivering poor quality work.
In June this year, Lekabe and Kajee failed in their Supreme Court of Appeal challenge to the high court order that rescinded the R34m settlement.
The SIU blocked the payment of Lekabe’s pension in January last year, pending the final determination of an action instituted by the unit, Cele and Lamola, at the Special Tribunal.
Political Bureau